PITCHER v. BENDERSON-WAINBERG ASSOCIATES II, LIMITED PARTNERSHIP


277 A.D.2d 586 (2000)

715 N.Y.S.2d 104

JEFF J. PITCHER et al., Doing Business as SPIEDIE SHACK, Respondents-Appellants, v. BENDERSON-WAINBERG ASSOCIATES II, LIMITED PARTNERSHIP, Appellant-Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided November 2, 2000.


Carpinello, J.

By lease dated November 30, 1995, plaintiffs, as tenants, and defendant, as landlord, entered into a 5½-year lease for approximately 1,500 square feet of commercial space in which plaintiffs intended to operate a sandwich shop in defendant's shopping center located in Clinton County. Apparently, the shop did not actually open for business until March 1, 1996. Notwithstanding plaintiffs' best efforts as restauranteurs, which required them to work...

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